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(영문) 인천지방법원 2017.11.30 2016가단256233
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) Defendant C (D Company) is the land, etc., Namdong-gu Incheon Metropolitan City E (hereinafter “instant project site”).

2) In the instant officetel and 2 commercial buildings (hereinafter referred to as “instant officetel and commercial buildings”).

) In order to promote the new construction and sale of projects, the above project site was purchased on March 14, 2002, and on April 26, 2002, Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) is the Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”).

(2) Defendant C concluded a management trust agreement with Defendant New Real Estate Trust and completed the registration of ownership transfer with respect to the instant site on June 30, 2002, setting the construction period from July 10, 2002 to December 31, 2004, with the amount of KRW 3.7 billion as the construction cost, and agreed to pay the price for the instant officetel and commercial building in sequence as the price for the instant construction, and the price for the instant construction was to be paid for the instant site on December 2, 2002.

3) Defendant C and F changed the construction period from May 1, 2003 to 27 months due to the shortage of funds, and the construction amount to 33 billion won due to the change of the construction amount on April 2003, but on December 29, 2005, the following business agreements with the Korea Mutual Savings Bank (hereinafter “instant business agreements”).

G Co., Ltd. (hereinafter “G”) (hereinafter “F”) as an affiliate of F on December 30, 2005.

(i) borrowed 8 billion won additional construction capital from Korea Mutual Savings Bank in its name;

1. Roles and duties of D Company C;

(a) Securing ownership in the project site, cancelling restrictions on rights by third parties, and preventing the establishment of limited real rights by third parties;

(b) Performance of various authorization and permission (including modification), such as business approval, and conditions of authorization and permission;

(c) this paper;

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